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I was in a 9 year relationship. During this time I paid for a piece of property that attached to the homestead of the person that I lived with. When the relationship ended, I was told that I would be paid back for the property that I had purchased. This property was not put into my name for tax purposes, so I could be included in the homstead. I am suppose to be paid $10,000, however, I have only been paid $4,000. The individual said that he would make payments to me, but I have not received any payment since April of 2001. Since the individual said that he would repay me for the purchase of the property, do I have any legal means to secure payment?

Asked on 10/09/02, 8:30 pm

2 Answers from Attorneys

You can seek help in Chancery Court possibly based on a claim of constructive trust for unjust enrichment. A constructive trust is one that arises by operation of law against one who, by fraud, actual or constructive, by duress or abuse of confidence, by commission of wrong, or by any form of unconscionable conduct, artifice, concealment, or questionable means, or who in any way against equity and good conscience, either has obtained or holds the legal right to property which he ought not, in equity and good conscience, to hold and enjoy. Allred v. Fairchild, 785 So. 2d 1064 (Miss. SCT 2001).